What a Will Is, and the Thing It Cannot Do
A will is your written instructions for who gets what and who is in charge when you die. In Florida it has to follow Chapter 732 of the statutes. Here’s the part people miss: a will does not avoid probate. It’s the instruction sheet probate follows, so assets titled only in your name still pass through the probate court before anyone inherits. If avoiding probate, delay, and a public filing is the goal, you need probate-avoidance tools: a revocable living trust, a lady bird deed on the homestead, or beneficiary, pay-on-death, and transfer-on-death designations. See what probate costs and takes →
Florida Execution Requirements (§732.502)
Get these three exactly right, or the will can be thrown out. The will must be (a) in writing, with the testator signing at the end; (b) witnessed by at least two people present when you sign or acknowledge it; and (c) those witnesses must sign in the presence of you and of each other. Missing any one of these is the single most common reason a do-it-yourself will fails.
The Self-Proving Affidavit (§732.503)
Two witnesses are required; the notary is what makes the will self-proving. With the statutory affidavit attached and signed at the ceremony, the will is admitted to probate without tracking down your witnesses to testify years later. We include it on every will.
What a Will Does for You: Personal Representative and Guardian
Your will names your personal representative (Florida’s term for executor) and, for parents, nominates a guardian for minor children. That guardian nomination is a top reason every parent needs a will even alongside a trust. A minor can’t inherit outright, so a will sets up a trust to manage a child’s share until they’re old enough.
Your Homestead Cannot Be Freely Left in a Will
The recurring Florida trap: if you’re survived by a spouse or a minor child, you generally cannot leave your homestead to whomever you want (Art. X §4(c); §§732.4015, 732.401). It may pass to the spouse only if there’s no minor child; otherwise it descends by statute and the will’s gift of the home is ignored. We coordinate the will with a lady bird deed and, where needed, a §732.7025 spousal waiver.
You Cannot Fully Disinherit a Spouse With a Will Alone
A surviving spouse may elect 30% of the elective estate regardless of the will (§§732.201 ff.), plus exempt property, a family allowance, and homestead. A spouse you married after the will, or a child born after it, can also take a share. These are waivable only by a valid written marital agreement (§732.702). A will has limits; we plan around them.
A will is worth nothing if it’s signed wrong.
We run the signing ceremony correctly and make it self-proving, for a flat fee.
Book your free consultRevoking and Updating (§§732.505 to 732.508)
You revoke a will with a later will or codicil, or by destroying it with intent. Divorce automatically voids gifts to your former spouse (§732.507). You can’t just handwrite changes on the will, that can revoke it by act, and any change needs the same formalities (a codicil or a new will). One Florida quirk: a no-contest clause is unenforceable here (§732.517). Review your will after a marriage, divorce, new child, a big asset change, or a move to Florida.
What Happens With No Will: Intestacy
With no will, Florida’s intestacy law, not you, decides who inherits, and the result surprises people: a current spouse may share with children from a prior relationship, while unmarried partners and stepchildren get nothing. The estate still goes through probate, often slower and with extra court supervision. See probate without a will →
Why DIY and Online-Form Wills Fail in Florida
A cheap template doesn’t walk you through the §732.502 signing ceremony, the self-proving affidavit, the homestead restriction, the elective-share trap, or guardian nominations. The cheapest will is the one that never gets challenged. Florida does allow electronic wills with remote notarization, but the law restricts remote notarization for vulnerable adults (§732.522(1)(b)), so elderly testators should sign in person. We handle the ceremony correctly either way.
Flat Fee
A simple will is $450. Most clients choose the will-based plan from $1,200 individual / $1,950 couple, which adds a durable power of attorney, a health-care surrogate, a living will, and HIPAA. Special-needs, minors’, or spendthrift provisions add $750. A will rarely stands alone; pair it with a durable POA and directives. See full pricing →
Frequently Asked Questions
Does a Will Avoid Probate in Florida?
No. A will is the instruction sheet probate follows. Assets in your name alone still go through the probate court. To avoid probate you need a trust, a lady bird deed on your home, or beneficiary designations.
What Makes a Will Legal in Florida?
It must be in writing, signed by you at the end, and witnessed by at least two people who watch you sign and then sign in front of you and each other (§732.502). A notarized self-proving affidavit (§732.503) is strongly recommended so the will is accepted without finding the witnesses later.
Do I Need a Notary for a Florida Will?
Two witnesses are required; a notary is not required for validity, but it makes the will self-proving, which avoids delays at probate. We always include it.
How Much Does a Will Cost in Florida?
A stand-alone will is a $450 flat fee at our firm. Most clients choose the will-based plan from $1,200, which adds a durable power of attorney and health-care directives.
Can I Write My Own Will or Use an Online Form in Florida?
You can, but Florida’s signing rules, homestead restriction, and spousal-share rules trip up most DIY wills, and a defective will is unenforceable. Online forms also miss guardian nominations and self-proving affidavits.
What Happens if I Die Without a Will in Florida?
Florida’s intestacy law decides who inherits, which can split your estate between a spouse and children from a prior relationship, and leaves unmarried partners and stepchildren with nothing. The estate still goes through probate.
Can I Leave My Florida House to Anyone I Want in My Will?
Not if you have a spouse or a minor child. Florida’s homestead rules limit how you can devise your home, and a devise that breaks them is ignored. A lady bird deed is often the cleaner fix.
Can I Disinherit My Spouse in My Will?
Not with a will alone. A surviving spouse can elect 30% of the elective estate, plus homestead and other statutory rights, unless they signed a valid pre- or postnuptial waiver.
How Do I Change or Revoke My Florida Will?
With a codicil or a new will signed with the same formalities, or by destroying the old one with intent to revoke. Do not handwrite changes on the will, that can revoke it by accident. Divorce automatically cancels gifts to your former spouse.
Does My Will Need Updating When I Move to Florida?
A will valid where it was signed is generally valid in Florida, but a Florida review is smart: homestead, the elective share, and self-proving rules differ from other states, and snowbirds often need to refresh.
Common Situations
The will that was signed wrong. A Miami widower downloaded a template and signed it with one witness, his neighbor. A Florida will needs two witnesses who also sign in front of each other, so the court would not admit it, and his estate passed by intestacy to relatives he hadn’t spoken to in years. A correctly executed, self-proving will would have cost a few hundred dollars.
The parents who only needed a will. A young Broward couple with two small kids and a modest home didn’t need a trust yet. What they needed was a will to name a guardian and a personal representative, plus durable POAs and directives. The will-based plan covered all of it at a flat fee, with the guardian nomination front and center.
Sources of Law
- Fla. Stat. ch. 732: §732.502 (execution), §732.503 (self-proving affidavit), §732.501/§732.504 (who may make/witness), §§732.505 to 732.508 (revocation; §732.507 divorce), §732.517 (no-contest clauses void), §§732.4015/732.401 (homestead devise), §§732.201 ff. (elective share), §732.702 (waiver), §§732.521 to 732.525 (electronic wills). Homestead: Art. X §4, Fla. Const. flsenate.gov (retrieved 2026-06-07)
Updated June 7, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created.